North Topsail DWI Attorney

North Topsail DWI Attorney

Facing a DWI charge can be stressful for anyone, whether it’s your first offense or you’ve been convicted of impaired driving in the past. Allow a skilled North Topsail DWI attorney to handle your case and provide a strong defense on your behalf. Do not simply accept the charges, and certainly do not try to fight the case on your own. A legal professional is there to streamline the process and offer you insightful, supportive counsel.

At the offices of Silva, Kiernan & Associates, PLLC, a law practice based in Jacksonville, we take pride in our quality criminal defense legal representation. Our attorneys have years of experience assisting clients facing DWI charges as well as various traffic violations, drug offenses, violent crimes, and sex offenses. Whatever your circumstances may be, our qualified legal team is here to simplify the process and guide you every step of the way.

Understanding DWI Laws in Onslow County

In the state of North Carolina, it is unlawful to operate a motor vehicle while under the influence of alcohol or other substances. Driving while impaired (DWI) by drugs or alcohol is a serious criminal offense whether you’re a repeat offender or not.

You may be charged with a DWI if you are age 21 or older and you are found driving with a blood alcohol content (BAC) of 0.08 percent or above. The limit for commercial drivers is a BAC of 0.04 percent or more. There is a zero-tolerance policy regarding underage drivers found with any amount of alcohol or drugs in their system in North Carolina.

A person’s BAC can be determined through chemical testing, such as through a breathalyzer or blood test. Drivers may also be charged with a DWI if the arresting officer has reason to believe they are impaired by alcohol or another substance, even if their blood alcohol concentration is within the legal range.

Legal Penalties for a DWI in North Topsail

If you are charged with a DWI in North Topsail, you can expect your vehicle to be impounded soon after. Your driving privileges may also be suspended for a couple of weeks following the arrest and until your pre-trial hearing. Your DWI defense lawyer may be able to secure you limited driving privileges but regardless, you will need to pay mandatory fees in order to release your vehicle from impound.

If you are convicted of driving while impaired, the potential penalties you may face depend on multiple influencing factors. These factors include whether you have a criminal history of similar offenses and how severe the circumstances of the offense were. Each DWI charge may entail numerous aggravating, grossly aggravating, or mitigating factors.

Aggravating factors can include having a BAC that is far above the legal limit or speeding to elude an officer. Mitigating factors can include having a safe driving history or impairment due to properly taking prescription medication.

Depending on the details of the crime, your DWI will be categorized into one of six levels of severity. Every level of a DWI conviction tends to include time in jail and a penalty fine, and the amount of time and money increases with each level of severity.

A defendant is likely to face harsher punishment if the DWI is a repeat offense committed within ten years of the prior conviction. Having a conviction on your criminal record can also make certain aspects of your life difficult in the foreseeable future, such as obtaining employment, affordable housing, etc.

FAQs About North Topsail, NC DWI Laws

What Counts as a DWI Violation in NC?

In North Carolina, drivers are charged with driving while impaired if their blood alcohol concentration is 0.08 percent or higher. Motorists may also be charged if the arresting officer believes they appear impaired after conducting various field sobriety tests, regardless of BAC results.

It is unlawful to operate a vehicle while intoxicated by alcohol or other substances, including illicit drugs or prescription medication. Underage drivers are charged if any amount of alcohol or drugs is found in their system.

What Are Aggravating Factors for a DWI in NC?

For a DWI offense in North Carolina, the crime is placed within one of six levels depending on how serious the circumstances are. The offense is assigned a level with corresponding penalties depending on how many aggravating, grossly aggravating, or mitigating factors the judge recognizes in your case.

Examples of aggravating factors include driving recklessly or causing an accident. Grossly aggravating factors include seriously injuring another person or having a minor in the car at the time of arrest.

Is It Worth Fighting a DWI Charge in NC?

Yes, it is worth fighting a DWI charge in North Carolina, and it’s highly recommended that you do so. It’s not advised to simply accept a DWI after getting arrested since an experienced defense attorney can work with you to lessen the penalties against you or even get the charges dropped altogether.

There are several defense strategies your DWI defense lawyer may employ, depending on your situation, giving you a fair chance against the prosecution compared to simply accepting the charges.

Do I Need a Defense Lawyer for a DWI in NC?

While North Carolina law doesn’t require you to hire a lawyer for any criminal offense, it is wise for you to seek qualified legal counsel. A professional DWI defense attorney has a deep understanding of the criminal court system and relevant laws, allowing them to anticipate the prosecution’s strategy.

Your lawyer can build a strong defense case on your behalf, represent you in court and all legal meetings, and guide you throughout the entire process by providing experienced advice.

Strong DWI Defense Attorneys for You

It’s important to seek professional legal counsel as soon as you can following an arrest so you have a strong chance against the charges. Entrust the team of experienced defense lawyers at Silva, Kiernan & Associates, PLLC, to oversee your case. You can contact us today to schedule an initial consultation with a kind and skilled DWI defense attorney.